On a certification motion in a proposed national product liability class action concerning talc-based baby powder and epithelial ovarian cancer, the court held that the plaintiffs met four of the five certification criteria for negligence, Competition Act claims, and consumer protection claims in several provinces.
The court struck or refused Ontario and Prince Edward Island consumer protection claims for lack of privity of contract, and indicated that Yukon and New Brunswick statutory claims required further submissions.
The court accepted that the plaintiffs' expert evidence provided a plausible methodology for proving general causation, negligent design and manufacturing, misleading representations, and punitive damages as common issues, while emphasizing that conflicting expert opinions were for trial.
The motion to stay for delay was dismissed because the delay was sufficiently explained and prejudice was not irreparable.
However, the duplication-based stay motion and the preferability analysis were adjourned pending the outcome of the British Columbia appeal.
